One of the Midlands top prosecutors is back behind the wheel just weeks after his arrest on drunken driving charges. Those charges have since been dropped. Fifth circuit solicitor Barney Giese has been under the microscope since his arrest in Charleston June 29. That's when officers say Giese refused to take a breath test; which, by law means Giese had his license suspended for six months. However, for now, the solicitor can legally drive using a temporary license. One group isn't happy about that.
"I know if I was stopped for a DUI, I would take every test," says Laura Hudson.
She's with Mothers Against Drunk Driving. Hudson has known Barney Giese for years. His arrest on DUI charges shocked her.
"He failed three out of the four sobriety tests," says Hudson.
Columbia attorney Jonathan Harvey says field sobriety tests can be wrong. If drivers refuse to take a breath test, as officers say Giese did, that driver has the right to request a hearing to contest the automatic six-month license suspension.
"For South Carolina drivers, being without a license is like a cowboy without a horse," says Harvey.
Giese requested a hearing earlier this week. He now has a temporary license that grants him full driving privileges.
"I'm very disappointed. He got his ticket, he should face the consequences," says Hudson.
According to a police report, officers stopped the solicitor after he made an illegal turn and drove the wrong way on a one-way street in downtown Charleston. He pled guilty to two traffic offenses and he will also pay a fine. Giese will find out next month if his license will remain suspended.
"That just points out the great weaknesses in our DUI laws," says Hudson.
Giese's hearing is scheduled for August 31. Officials say even if his license remains suspended, the prosecutor could get a route-restricted license allowing him to drive to and from work and certain other locations. Harvey says anyone in Giese's position would go through the same process.
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